Your Rights as a Hospital Patient in New York State - Section 3

Statewide Planning and Research Cooperative System (SPARCS)

This is to notify all hospital patients that the New York State Department of Health has developed a statewide data system known as the Statewide Planning and Research Cooperative System (SPARCS) and that all acute care hospitals are required to submit to SPARCS certain billing and medical record information for all patients. This information in SPARCS will be used for financial studies, rate setting, utilization review, health planning, epidemiology and research studies.

Please be assured that under this program:

1. The New York State Department of Health will not receive the name of any patient or any information which will enable a patient to be identified within the SPARCS system.
2. Regulations have been enacted protecting a patient's privacy and confidentiality by restricting access to any sensitive information in SPARCS and assuring review of all requests by an independent public review board.
3. Regulations have been enacted protecting a patient's privacy and confidentiality by restricting access to any sensitive information in SPARCS and assuring review of all requests by the Data Governance Committee.
4. SPARCS is not designed to identify specific patients; instead it is structured to provide information on patterns of illnesses and costs of care in hospitals.

This hospital is required to submit patient medical record and billing data to the Department of Health pursuant to Section 400.18 of Article 1, Subchapter A, Chapter V, Title 10 (Health) of the OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK. The privacy, confidentiality and security of the information supplied is protected pursuant to Section 400.18(e) of Article 1, Subchapter A, Chapter V, Title 10 (Health) of the OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK.

For further information concerning SPARCS, please contact:

• SPARCS Operations
  Bureau of Health Informatics
  Office of Quality and Patient Safety
  New York State Department of Health
  Empire State Plaza
  Corning Tower, Room 878
  Albany, New York 12237
  
  Phone: (518) 473-8144
  Fax: (518) 486-3518

Questions/Comments:

• sparcs.submissions@health.ny.gov

Data Requests:

• sparcs.requests@health.ny.gov

Maternity Information

Hospitals (and birth centers) must provide a copy of the Breastfeeding Mothers' Bill of Rights and the Maternity Information Leaflet to maternity patients or their appointed representative (at the time of pre-booking, attendance at prenatal childbirth education classes or at admission) and to the general public, upon request. The Breastfeeding Mothers' Bill of Rights requires that women are informed of the hospital's obligation to provide breastfeeding instruction, assistance and support and information about the benefits of breastfeeding that is free of commercial interests. This information will inform you about what to expect, your childbirth choices and rights, and help you plan for your baby's birth.

The Maternity Information Leaflet includes information about your hospital's maternity-related procedures and practices. The hospital-specific statistics and the average statistics for all NY hospitals that provide maternity care are updated yearly. This allows you to compare your hospital's statistics to other NY hospitals regarding the type of deliveries (e.g., Cesarean sections), the use of selected procedures during birth, breastfeeding rates, or the availability of birthing rooms or rooming-in.

• Inpatient insurance coverage in New York State is provided for a mother and her newborn for at least 48 hours after childbirth for vaginal delivery and at least 96 hours after a caesarean section. In addition, each hospital must provide patient education, assistance and training in breast or bottlefeeding and any necessary maternal or newborn clinical assessments. Check with your insurance company for more details on your maternity coverage.
• Maternal depression or baby blues may occur after giving birth. Your body has undergone physical and hormonal changes, which may leave you with feelings of sadness, mood swings, anger, anxiety and low self-esteem, for days or weeks following birth. The baby blues are very common and will pass in time. Your doctor can suggest some ways to help you feel better. Less common is maternal depression. The symptoms are severe and can include feelings of hopelessness, high anxiety, eating problems, feeling "out of control," and thoughts of harming yourself or the baby. Contact your doctor regarding these symptoms, as maternal depression is treatable. Your doctor must be contacted immediately if you feel as though you may hurt yourself or your baby.
• Shaken baby syndrome refers to the injuries that result from the violent shaking of an infant or child. New parents need to be aware of the danger of shaking their infant or small child. Many times, a frustrated caregiver loses control and shakes an infant in an attempt to stop the baby from crying. Often, there is no intent to harm the child, just to have the baby stop crying. The stress of caring for a newborn can place any caregiver, including parents, at risk for shaking a baby. For more information about shaken baby syndrome, visit the Department of Health website at health.ny.gov/prevention/injury_prevention/shaken_baby_syndrome/. You will be asked to watch a video about the dangers of shaking infants and young children. You will be asked to sign a form that you either saw the video or refused to see it.
• Safe sleep space and positioning are important to keep babies from dying unexpectedly from sleep-related causes. Babies should sleep alone, on their backs and in a safe crib for naps and at night. The crib should have a firm mattress and fitted sheet. Room sharing without bed sharing is recommended. Babies should not sleep on a couch or chair. You will be given more information about safe sleep before you bring your baby home from the hospital or birth center. Visit the Department of Health website at health.ny.gov/publications/0672.pdf.

Domestic Violence: Notice for Prenatal and Maternity Patients

If your partner is hurting, controlling, or scaring you, you may be experiencing domestic violence. The questions below can help you recognize these behaviors.

Does your partner put you down or humiliate you?

• Does your partner call you names, insult you or make you feel worthless?
• Does your partner embarrass or criticize you?

Does your partner hurt you physically or sexually?

• Does your partner push, slap, hit, punch, kick, or choke you (strangle or obstruct your breathing)?
• Does your partner make you do sexual acts that you don't want to do or hurt you during sex?

Does your partner try to control your life or limit your independence?

• Does your partner tell you who you can and cannot see or talk to?
• Does your partner control the family's money and access to basic needs?
• Does your partner make you share passwords, check your email/phone messages, and/or track where you go in ways that feel controlling or uncomfortable?

Does your partner scare or intimidate you?

• Does your partner lose their temper, get very jealous or break things?
• Does your partner threaten to hurt you, the kids, pets or themself?
• Does your partner make you feel like you are walking on eggshells?

Does your partner interfere with your ability to care for your baby?

• Does your partner make it harder for you to care for your baby or attend appointments?
• Does your partner use your child to control, pressure, or upset you?

Victims of domestic violence are not always physically hurt. If any of these things are happening, you or your children may be at risk.

You are not alone.
You are not to blame.
Your partner's behavior is not your fault.
You deserve to be safe, supported, and treated with respect.

For some families, harmful or controlling behavior may begin or increase during pregnancy or after a baby is born. This can impact your health and safety and your baby's well-being.

This can affect both you and your baby

• A person who is abused during pregnancy may be more likely to have a miscarriage, infections, bleeding, anemia and other health problems. These can affect both the pregnant individual and the baby.
• When abuse occurs during pregnancy, the risk of having a low-birth-weight baby is twice as high.
• In households where domestic violence is being perpetrated, children are often also at risk of physical harm.
• Children who experience or witness a parent or guardian hurting the other parent or guardian can suffer from health problems, sleep problems, anger, guilt, fear and anxiety.
• Almost half (45.3%) of homicides of people who were pregnant or within one year of pregnancy involve intimate partner violence.

You and your baby do not deserve to be treated this way.
You have a right to be safe.
Help/support is available.

What type of help do you need? The services listed below are available in most communities.

Domestic Violence Victim Services:

You don't have to go through this alone. Victim advocates are available in your community. There are many ways for victims of domestic violence to get help. One source of help is from a victim advocate.

An advocate is there to provide victims and survivors with information about the rights and options available and discuss safety planning so victims and survivors can make informed decisions. Advocates are generally available through non-profit organizations across the state. These organizations may be a domestic violence service provider, a rape crisis program, or a victim assistance program. These organizations may offer:

• crisis intervention, connection to available emergency domestic violence shelter, or accompaniment through forensic sexual assault forensic exams through 24-hour hotlines;
• emotional support and issue oriented counseling;
• referrals to other services in the community that may meet specific needs;
• advocacy with other entities such as but not limited to the legal system, the social service system, and hospitals.

Services for children:

Many programs have counseling and support for children in the household to help them understand what is happening.

Medical providers:

Medical providers can treat injuries, document abuse, and connect you to additional support services. They can also help ensure your safety and provide referrals to appropriate resources.

Police and the courts:

If you need emergency law enforcement or medical services, you may call 911. Police can help in many ways, such as getting you and your children to a safe place Victims of domestic violence have the right to petition for an order of protection in family court and family court can address custody, visitation, or child support needs.

Additional Resources

• Office of Children & Family Services: 1-800-342-3720 To report child abuse
• National Committee to Prevent Child Abuse: 1-800-342-7472 Prevention information and parent helpline

24 Hour Hotlines:

• NYS Domestic Violence and Sexual Assault Hotline: (24 hours, 7 days a week)
  • Call: 1-800-942-6906
  • Text: 844-997-2121
  • Chat: OPDV.NY.GOV
  • Deaf or Hard of Hearing: 711
• Local domestic violence and sexual assault service providers listed by county

You are important.
No one deserves to be abused. No one should have to live in fear. You and your children deserve to feel safe.
You are not alone. Help is available.

Domestic Violence: Victim's Rights Notice

If you are the victim of domestic violence:

The police can help you:

• get to a safe place away from the violence.
• get information on how the court can help protect you against the violence.
• get medical care for injuries you or your children may have;
• get necessary belongings from your home for you and your children;
• get copies of police reports about the violence;
• file a complaint in criminal court, and tell you where your local criminal and family courts are located.

The courts can help:

• You have the right to take your case to the criminal courts, the family court or both.
• The forms you need are available from the family court and the criminal court.
• The courts can decide to provide a temporary order of protection for you, your children and any witnesses who may request one.
• The family court may appoint a lawyer to help you in court if it is found that you cannot afford one.
• The family court may order temporary child support and temporary custody of your children.

New York Law States:

If you are the victim of domestic violence, you may request that the officer assist in providing for your safety and that of your children, including providing information on how to obtain a temporary order of protection. You may also request that the officer assist you in obtaining your essential personal effects and locating and taking you, or assist in making arrangements to take you and your children to a safe place within such officer's jurisdiction, including but not limited to a domestic violence program, a family member's or a friend's residence, or a similar place of safety. When the officer's jurisdiction is more than a single county, you may ask the officer to take you or make arrangements to take you and your children to a place of safety in the county where the incident occurred. If you or your children are in need of medical treatment, you have the right to request that the officer assist you in obtaining such medical treatment. You may request a copy of any incident reports at no cost from the law enforcement agency.

"You have the right to seek legal counsel of your own choosing and if you proceed in family court and if it is determined that you cannot afford an attorney, one must be appointed to represent you without cost to you. You may ask the district attorney or a law enforcement officer to file a criminal complaint. You also have the right to file a petition in the family court when a family offense has been committed against you. You have the right to have your petition and request for an order of protection filed on the same day you appear in court, and such request must be heard that same day or the next day court is in session. Either court may issue an order of protection from conduct constituting a family offense which could include, among other provisions, an order for the respondent or defendant to stay away from you and your children. The family court may also order the payment of temporary child support and award temporary custody of your children. If the family court is not in session, you may seek immediate assistance from the criminal court in obtaining an order of protection. The forms you need to obtain an order of protection are available from the family court and the local criminal court. The resources available in this community for information relating to domestic violence, treatment of injuries, and places of safety and shelters can be accessed by calling the following 800 numbers. Filing a criminal complaint or a family court petition containing allegations that are knowingly false is a crime."

Get Help Now Get Safe Stay Safe
Call: 1-800-942-6906 (English and Espanol) or call your local Domestic Violence Program

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